NHRC's Stern Warning: How 'Sarpanch Pati' Practice Undermines Democracy

This follows a complaint filed by Sushil Verma, former Member of Haryana State Commission for Protection of Child Rights, which was considered by the bench of the Commission headed by Priyank Kanoongo, member NHRC on December 12, an official statement said.

After examining the complaint, the Commission observed that despite constitutional safeguards and judicial pronouncements, elected women representatives are often reduced to nominal heads, while actual administrative and decision-making powers are exercised by their husbands or male relatives, a practice commonly referred to as "Sarpanch Pati" or "Pradhan Pati". The complaint also highlights the informal appointment of relatives of elected women representatives as liaison persons or representatives of MPs and MLAs, leading to undue interference in the functioning of constitutionally mandated local self-governance institutions.

The Commission noted that the Supreme Court, in Writ Petition (Civil) No. 615/2023, has categorically deprecated this unconstitutional and unlawful practice. Such proxy representation undermines the spirit of the 73rd and 74th Constitutional Amendments, defeats the objective of women's reservation under Article 243D, and violates fundamental rights guaranteed under Articles 14, 15(3), and 21 of the Constitution of India.

The NHRC further observed that these acts may amount to criminal misconduct under the Bharatiya Nyaya Sanhita, 2023, including offences relating to impersonation of public servants, criminal breach of trust, and unlawful assumption of public functions.

Vide proceedings dated 09.09.2025, a Bench of the Commission presided over by Priyank Kanoongo, Member, NHRC, had already taken cognizance of the matter under Section 12 of the Protection of Human Rights Act, 1993, and directed all States and Union Territories to submit Action Taken Reports (ATRs). However, responses were received only from the Governments of Andhra Pradesh, Bihar, Odisha, and Uttarakhand, and from a few cities in Uttar Pradesh, while 32 States/UTs failed to respond, the statement added.

In view of the seriousness of the issue and continued non-compliance, the Commission has now directed issuance of Conditional Summons under Section 13 of the Protection of Human Rights Act, 1993 to the Principal Secretaries of the Departments of Panchayati Raj and Urban Local Bodies of 32 States and Union Territories.

The concerned authorities have been directed to appear personally before the Commission on 30 December 2025 at 11:00 AM, along with detailed Action Taken Reports. If the requisite reports are received by 22 December 2025, personal appearance shall be dispensed with. Failure to comply without lawful excuse will invite action under Order XVI Rules 10 and 12 of the Civil Procedure Code, 1908, including issuance of warrants.

The Commission has reiterated that women's reservation is meant to ensure real empowerment, dignity, and leadership, not symbolic representation, and that any form of proxy governance strikes at the very root of democracy and the rule of law.

Statement of NHRC Member Priyank Kanoongo read,"The National Human Rights Commission is of the clear view that any form of proxy representation on posts reserved for women, whether in the form of 'Sarpanch Pati' or through any other informal arrangement, is contrary to the spirit of the Constitution. In a democracy, the elected woman representative alone is the lawful holder of the administrative, executive, and decision-making authority of her office."

Further, it said, "The Commission's responsibility is not limited to the protection of rights alone; it also extends to ensuring the effective and meaningful implementation of constitutional provisions. When husbands or other relatives govern in place of elected women representatives, it amounts to a serious violation of women's dignity, equality, and right to self-determination."

"It is for this reason that the Commission has adopted a strict approach to ensure accountability from all States and Union Territories. This action is not confined to any particular State or region, but is a necessary step towards strengthening women's empowerment and reinforcing the credibility and integrity of democratic institutions across the country," the statement added _

- ANI